--la familia de "oscar grant" pedía la pena máxima de 14 aÑos pero el juez, "robert perry" decidio nogravante comun en hechos mortales que envuelven un arma de fuego, debido a que el jurado consideró que "mehserle" no pretendía matar a grant sino que confundio su pistola con un "taser".--a la sentencia del ex-policia se le descontara el tiempo que ha estado detenido.--la familia de grant advirtio que apelará la sentencia. --la corte suprema de nebraska se lavo las manos en materia de inmigracion.--una jueza federal habia pedido al maximo tribunal de aquel estado que decididera si era legal que las autoridades locales impusieran leyes que prohiben trabajar y hasta alquilar viviendas a los indocumentados. --en junio los habitantes de fremont aprobaron una ordenanza de esa naturaleza que no ha entrado en vigor. --la negativa de la corte obedece a que segun los magistrados, dichas regulaciones no parecen haber violado leyes estatales por lo que ellos no tienen incumbencia.--el asunto ahora podria llegar a un tribunal federal. ---con el cambio de balance de poder en la camara de representa

claudia asi es maria leticia , el juez robert perry sentencio a johannes mehserle a dos aÑos de prisionsesinato involuntario, un crimen que ha estado en el centro de la controversia desde que se abrio el caso <> tanto el abogado como la familia de grant dijeron que llevaran el caso al departamento de justicia para apelar por este fallo que segun ellos es otra muestra de un sistema judicial injusto --en oakland, el lugar donde empezó esta tragica historia aquel primero de enero del 2009, las reacciones no se hicieron esperar.--en los ultimos días, los comerciantes del centro de la ciudad se preparaban para lo peor, ante el temor de que las protestas terminaran en violencia. --gilberto leon está en vivo... para contarnos como andan las cosas. abuelo de oscar grant.. rodrigo lopez/ residente de oakland..gilberto leon / oakland ron dellums. oakland peace..con gritos llenos de rabia y frustracion cada lo mismo.. que estan furiosos con el resultado del veredicto.. pero no una vez mas la justicia los ha traicionado. nat today there seÚn la policia su plan de contingencia incluye un gr

. >> reporter: judge robert perry then threw out the jury's verdict of a gun enhancement that could have added ten years to mehserle's sentence. saying there was not enough evidence to show that mehserle intended to use a gun and not his taser. he sentenced mehserle to two years in state prison for involuntary manslaughter, it could have been four. now with credit for 292 days already served in jail. mehserle could be released from state prison in six or seven years. reporting live in los angeles, rita williams, ktvu channel 2 news. >>> the alameda county district attorney says she still needs time to decide what the next step will be in the case. nancy o'malley says, it is the sincere hope of the district attorney's office that this never happen again. >>> oscar grant's family and friends left the court in tears and some were downright angry about it. claudine wong has that side of the story. >> reporter: you could see it in the faces of people inside and outside of this courthouse. there was no mistaking the disaappointment that -- disappointment of the faces of people inside and outsi

cameras are not allowed inside the courtroom, but superior court judge robert perry has been reading excerpts from the more than 1,000 letters and postcards that he has received from members of the community. mehserle has been behind bars since the jury reached its verdict on july 8. also, today his defense team is asking the judge for a new trial. among other claims, mehserle's attorneys say they have uncovered new cases of officers confusing their guns with their tasers. the former bart officer faces between two and four years in prison for the involuntary manslaughter charge, plus an additional three to ten years for that gun enhancement charge. but one legal expert says since officers are required to carry weapons, that gun enhancement charge might not stick. >> i actually think it should be thrown out. i think the the judge may be reluctant to do that. >> mehserle testified at trial that he mistakenly used his gun instead of his taser when he shot oscar grant at the fruitvale bart station in the early hours of new year's day 2009. mehserle's attorney is asking the judge for prob

officer johannes mehserle of involuntary manslaughter for the 2009 killing of oscar grant, judge robert perry sentenced him to two years in state prison for the crime. >> i want to make this clear. johannes mehserle is still in custody, he is still behind bars, and i can't be happy, and i can't rest, and i won't rest until he is out of custody. >> reporter: the sentence could have been much longer but the judge threw out a gun enhancement after concluding the court mistakenly failed to instruct the jury clearly enough. >> to now decide that it's a judicial error, to throw out what we all knew was right, and then admit that, i'm so sorry being the judge of this case that i made that gross of an error shows that there is something wrong with this criminal justice system. >> reporter: for the first time, grant's family got a chance to tell the judge just how much they've suffered. his mother said she's not sure how she'll continue without her son and begged the judge to throw the book at the former officer. his aunt called mehserle an uncaring monster who has no remorse. but johannes mehserle go

weisberg says there is no doubt judge robert perry has considered the social implications tomorrow's sentence could bring. outrage on the streets if the sentence is too lenient or outrage by cops or supporters if it's too severe. but weisberg says judge perry won't be swayed by emotions. instead he expects the judge to follow mandated sentencing guidelines and an involuntary manslaughter conviction ordinarily means a low of two years in prison to a maximum of four years. but mehserle's conviction is not ordinary. the jury found the former bart cop guilty of the lesser crime involuntary manslaughter in the killing of oscar grant but added the illegal use of a gun raising the sentence 10 years. weisberg believes that's where judge perry made a mistake. >> i think it should be thrown out. i think the judge is reluctant to do that. that doesn't make sentence when plied to a police officer who is expected to carry a gun to the scene. >> reporter: so weisberg believes that opens the door for michael rains mehserle's attorney to organize the jury bought the defense of weapon confusion. so t

. >> well, judge perry, judge robert perry, who heard this case and sentenced johannes mehserle todayid basically he agreed with the jury verdict, that this was an accidental shooting, a tragic accident by a bart policeman who had defective training, that oscar grant, the victim, was resisting, which the defense said not so much as to overturn the conviction, which is what the defense asked for -- in fact, they're going to appeal -- but enough to get, number one, the low sentence, two through four years on involuntary manslaughter, they gave him the low end. number two, he threw out the jury's finding of intentional use of a gun. now, the jury found that there was intentional gun use. on the other hand, they found involuntary manslaughter. the prosecution tried to find a way to reconcile those two. it's theoretically possible. the judge said there's no evidence to support the gun charge. which would have added a minimum of three years to the term and would have required mehserle to serve more than four years in prison. the judge said no reasonable juror could have found that mehserle

judge robert perry has several issues in front of him. they are asking for a new trial. second they ask the gun enhancement be dropped. johannes has been convicted of manslaughter. they also found that a gun was used in this crime. the judge could add three or four or ten more years. the defense wantsth gun enhancement thrown out because johannes was a police officer able to carry his gun. the judge has lot of discretion with how he uses it. >> the judge has a loathes of ways to -- the judge has lots of ways to go. he starts off two or four years for manslaughter. the judge could toss out the gun enhancement entirely or go low leo and say three years but he could make it concurrent with the manslaughter. so in effect the gun enhancement doesn't add anything to the time in prison for mehserle. >> reporter: mehserle will get a chance to speak to the judge today. the family of officer grant will be anal to tell the judge how it impacted them. we also talked to johannes mehserle. live here in los angeles claudine wong congress. >> before you go i know we talk the about last

. >> reporter: robert perry then threw out the jury's gun enhancement. saying there was not enough evidence to show that mehserle intended to use his gun and not his taser. it could have been four years, he sentenced mehserle to two years for involuntary manslaughter. with credit already served in jail, 292 days, that means mehserle could be released from state prison in six or seven months. reporting live in los angeles, rita williams ktvu channel 2 news. >>> reaction to the judge's decision today was swift and it continues to grow. we heard from oscar grant's family members pretty soon after the judge ruled on the sentencing. our claudine wong was the first one to bring us the news of the sentence. she is live now right outside that l.a. courthouse with more. claudine-- >> reporter: gasia, there's no doubt that the grant family is disappointed and frustrated and angry about this sentence. in contrast mehserle's attorney says his client was given great hope today in that courtroom. >> we want justice for oscar grant. >> reporter: outside the courthouse

. >> it's judge robert perry of los angeles who tossed out the firearm conviction and gave him a lighter sentence. >> taking a look at the procedures it takes to have a judge removed or rebring mended for what he has done. >> that is laughable. that is my first response, it's laughable. the judge was very, very thoughtful judge. he didn't give in to the mob threats and he didn't give in the threats of intimidation. all of the nonsense that has characterized this case. >> grant's uncle argues that perry's instructions were different they may have convicted him of a more serious time. >> attacked by his perspective by his own mistake. there is a lot to be discussed. that is judicial error that should not have happened. >> reporters were not allowed inside the church and afterward there was a vague comment about what was to come. >> we're going to be holding a protest. we'll be in touch with you very soon. >> they plan to appeal the conviction and wants to be released out on bail. >>> authorities in oakland are assessing the damage from friday night's protest over mehserle's sentence. more

. >> a tense and emotional hearing judge robert perry signalled early that he had serious concerns aboutun enhancement. the judge dismissed it for lack of evidence. >> it's been a sad course of affairs that this young man who never intended to shoot and kill oscar grant has been treated the way he's been treated. >> the judge said he thought the 28-year-old mehserle clearly did not mean to shoot grant as evidenced by the shock and surprise after the gun went off. called the case one of weapons confusion but also one that required at least some prison time. grant's mother begged the judge to impose the max possible sentence on mehserle saying anything less is an injustice to us. it was mehserle's turn. he stood facing the judge, cried and said i have never and will never question the love shown by grant's family. i'm truly sorry my actions took a son, a father, a brother and uncle. >> to me this is only to come immediately. now i don't know if it's constrived. >> i have never understood and i will never understand how in the world the grant family continues to insist that he's not remorse

. >> an attempt, emotional hearing, judge robert perry signalled early that he had serious concerns about gun enhancement that requires intent on mehserle's part. the judge eventually dismissed it for lack of evidence. >> it's been a sad course of affairs that this young man who never intended to shoot and kill oscar grant has been treated the way he's been treated. >> the judge said he thought the 28-year-old mehserle did not mean to shoot grant after his shock and surprise when the gun went off. they called it weapon confusion but one that required some prison time. grant's mother begged the judge to give him the maximum saying anything less is an injustice to us. mehserle cried and said i have never and will never question the love shown by grant's family. i'm truly sorry my actions took a son, a father, a brother, an uncle. >> to me this is serious. now i don't know if it's constrived. >> i have never understood and i will never understand how in the world the grant family continues to insist that he's not remorseful and that he's not expressed his remorse before the day. >> mehserle'

. >> their newest target is judge robert perry of los angeles who tossed out a firearms conviction and gave mehserle the minimum prison term after deciding the bart officer did not intend to kill oscar grant with his service weapon. >> taking a look at the procedures it takes to have a judge removed or reprimanded. >> mike rains was quick to response. >> that's laughable. i mean, that's my first response is it's laughable. the judge was a very, very thoughtful judge. and he didn't give into the mob threat and he didn't give into the threats of intimidation and all of the nonsense that has characterized this case. >> grant's uncle johnson argues if judge perry gave different instruction, the jury might have convicted mehserle of a more serious crime. >> has been tacked from the judge perspective from his own mistake. so there's a lot to be discussed. that's an error that should not have happened. >> the reporters were not allowed inside the church and afterward only a vague comment what was to come. >> we'll hold another protest very soon. we'll let you know. >> mehserle plans to appeal

police officer of involuntary manslaughter for the 2009 killing of oscar granted, judge robert perry sentenced him to two years in state prison for the crime. >> i want to make this clear. johannes mehserle is still in custody and still behind bars. i won't be happy and rest until he is out of custody. >> reporter: the sentence could have been much longer. the judge threw out a gun enhancement after concluded the court mistakenly failed to instruct the jury clearly enough. >> to now decide that is a judicial error, to throw out what we all knew was right and then admit that i am so sorry that i made that gross of an error showed that there is something wrong with this criminal justice system. >> reporter: for the first time, grant's family got a chance to tell the judge just how much they have suffered. his mother said she is not sure how she will continue without her son and begged the judge to throw the book at the former officer. his aunt called mehserle an uncaring monster who has no remorse. johannes mehserle got a chance to talk to. he said, i, with all my heart, have been and

weisberg says there is no doubt judge robert perry has considered the social implications tomorrow's sentence could bring. outrage on the streets if the sentence is too lenient or outrage by cops or supporters if it's too severe. but weisberg says judge perry won't be swayed by emotions. instead he expects the judge to follow mandated sentencing guidelines and an involuntary manslaughter conviction ordinarily means a low of two years in prison to a maximum of four years. but mehserle's conviction is not ordinary. the jury found the former bart cop guilty of the lesser crime involuntary manslaughter in the killing of oscar grant but added the illegal use of a gun raising the sentence 10 years. that was a gun enhancement. applauded by the d.a. david stein and grant's family, but weisberg believes that's where judge perry made a mistake. >> i think it should be thrown out. i think the judge is reluctant to do that. that doesn't make sentence when -- that doesn't make a lot of sense when applied to a police officer, who is expected to carry a gun to the scene. >> reporter: so weisberg be

judge robert perry said the evidence is overwhelming the shooting was an accident, and he believed oscar grant was in fact resisting before mehserle mistakenly shot him with a gun. >> the first thing he said and he emphasized this was it was never a race issue, never. and that he believed johans. it's highly emotional because be felt besieged and to hear what judge perry had to say was certainly good enough for us. it gives us a lot of faith that in the end, you know, things will work out. >> reporter: mehserle's father, who sobbed throughout friday's proceeding, believes his son should have gotten probation. he says his family finally sees the light at the end of the tunnel. >> i know that he's looking forward to getting back to his family and getting back to his baby and trying to put this whole terrible episode behind him as quickly as anyone would want to. >> reporter: but mehserle says his son will forever feel remorseful. >> johannes is going to carry this with him, the fact that he took a man's life, for the rest of his life. he knows it's a mistake, so he'll be able to reconcile

>>reporter: intense emotional hearing judge robert perry signaled early that he had serious concerns about a gun enhancement that requires intent on messerly part. the judge eventually dismissed it for look of evidence. >> it has been a sad course of affairs that this young man whether never intended to shoot and kill oscar grant has been treated the way he has been treated. >>reporter: the judge said he thought the 28-year-old messerly clearly did not mean to shoot grant as evidenced by messerly reaction of shock and surprise after the gun went off. perry called the case one of weapon confusion but also one that required at least some prison time. grant mother begged the judge time pose the maximum possible sentence on messerly saying quote anything less is an injustice tuesday. then messerly turn. he cried and said i have never and will never question the love shown by grant's family. quote i am truly sorry my actions took a son, a father, a brother and uncle. >> to me if now i don't know if item con try. i have never understood and i will never understand how in the world the gran

>> 9th floor of this courthouse, just outside judge robert perry's courtroom, where this trial was. where the sentencing hearing is going to get under way any minute. judge perry has been punctual, very, very punctual throughout the entire trial and proceedings. it doesn't appear, though, that things have quite started yet. we have a number of people in the hallway. dozens of people. the biggest issue has been when this trial has been down here is seating. a lot of people want to go in and see what is happening inside and watch the proceedings. and there just aren't enough seats. there are basically three rows of seats in there. so they let a handful of the public, five or so people in. the family did not get as many people as they had hoped. there are friends of officer grant who are in the hallway as well as their parents who did not get in. and there are people and other reporters sitting in the hallway because they are not allowed inside while this gets under way. we did watch as the mother of the officer and -- oscar and his uncles walked in. she had a couple of typed pages in

robert. >> reporter: allen, before judge perry rendered his decision on sentencing, he said that he receivede than 1,000 letters and postcards. he says almost all of them involved some question of race, but he says he wants to make it clear that his decision to throw out the possible maximum of 14 years had nothing to do with race. he says that he chose the minimum of two years because he believes that the jury got bad instructions and he honestly believes mehserle's defense of weapons confusion. but that verdict enraged oscar grant's family. in fact, they stormed out of the courtroom before the sentence was read. outside, groups of angry protestors clashed with l.a. county sheriff's deputies over that verdict. now, the judge says that the d.a. made several mistakes of evidence to the jury. he says that grant was resisting arrest and that mehserle's muscle memory took over. the judge says mehserle shouted, i'm going to tase him, and grabbed his head. after he fired that shot that everyone has seen from the bart platform, the judge says it all suggests weapon confusion. judge perry goes on to

tomorrow morning in los angeles, judge robert ber -- perry will sentence yohanes meserhle. he could get up to 14 years in prison or probation. there is concern that there will be protests. police are preparing. good morning to you. >> good morning. >> so certainl as of now, you guys are saying you hope everything is staying peaceful if there are protests. >> yes. >> but obviously preparations are under way. tell us what you're doing. >> much like july, we're making sure we're practiced and trained. and give people the opportunity to have first amendment rights. but counter to what we're having in july, where we're picking up the last minute some information that there is going to be some issues. right now, we're not hearing that. although we're prepared. and we're coming with enough resources to deal with any potential problem. >> reporter: have you been in conversation with any of the groups who may have been involved in what happened in july? >> we have been in communication with the family. the family wants a very peaceful protest. we had a protest last weekend by the il

in second, the road trip comedy "due date" starring robert downey jr., which took in a slightly better than expected $33.5 million. >>> tyler perry's drama "for colored girls" featuring janet jackson premiered in third in line with expectations at just over $20 million. >>> and making news in "limited release," the real life survival story, 127 hours" as the mountain climber trapped after a falling boulder pins his arm down. for theaters, it averaged a whopping $66,000 a cinema. there's one particularly graphic scene that reportedly led to some viewers to become ill and faint. consider yourself warned. >> what would you do? >> if i was stuck under a boulder? >> yes. >> this is why i don't hike. >> why you don't hike. >> why i run on a treadmill. >> animals do it when caught in traps too. it's survival, right? >> yeah. good morning, everyone. are you eating your cheerios? thank you, bill. >>> this comes to us from new york city where the chilean miner who stayed in shape running underground found himself running with the world's best. three weeks after being rescued from more than 2,000 feet below the earth, edison pena did somethin

robert downey jr. and zach galifianakis star as a mismatched pair forced to take a road trip together. it's no "hangover" but will fetch 30 million or so. >>> and tyler perry'srama titled "for colored girls" is expected to take in about $20 million. anything with zach galifianakis is going to be a winner. i just like saying his last name. >> of course you do. i can't even say it. >> my maiden name is markowski so i understand his pain. >>> this comes to us from wowt, 6 news in omaha, nebraska, where one boy's holiday spirit is making a difference. for the second year in a row 8-year-old brandon carlson is selling christmas ornaments built with legos for charity. last year he raised over $1,000 for a local food bank. this year he hopes to top that. his mom, dad, little brother and grandma are working in shifts building all different kind of things, including snowflakes which he loves, all for a good cause. >>> i'm lynn berry and this is your first stop of the day, "early today" here on your nbc station. >>> an art nis finland went organic. he built a fully functionsal sauna shaped like a garlic clove. it's meant to replicate the sounds of nature with its desi

robert chula hea. basically this is a digital journal. perry, let me ask you first how does it work?introduction you hit it right on target. basically, this is a smartphone app that we built to help soldiers, servicemen, families and veterans actually do the type of assessment that you were talking about around psychological issues and mtbi or traumatic brain injury. we do have -- >> sorry, go ahead. >> i was going say we do that specifically by allowing them to rate their moods in a very quick, easy and efficient manner using a touchscreen scale on the app. that gives them the opportunity to maybe -- you might call it take their emotional temperature. after they've done that, they are able to evaluate themselves in one of several areas. it could be post traumatic stress, anxiety, traumatic brain injury, depression, a number of areas. and it's important that people be able to do this because research has shown that they can actually begin to feel better by paying very close attention to how they're doing. >> okay. that was going to get me to the next question. robert, let me ask you

-- robert heard, which race is cnn white is it so hot? guest: from day one, they're going after tom perry. it is such a close race. and yet, despite a very good republican environment, a great year for the gop national income material is still in this race. -- for the gop nationally, periello is still in the race. democrats did a big boost and went down to charlotte and did a big rally for him. this is a very conservative district. it starts in charlottesville, but has a lot of stops of virginia. and yet, perriello not run away from the nomination. and he has also not run away from his vote, which is an interesting tech that he has taken. i think he did more town halls during the august recess of 2009 than anyone else. he took every question then did not hide from voters that were upset with, and he explained his position. and i think the white house is very interested in this race and that is why obama went down there to help him out. i think they want to show there is someone who can stand with the president and even in a conservative district, can still win. both sides have spent a lot